2012 -- H 7329

=======

LC01082

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION - POLICE PENSIONS

     

     

     Introduced By: Representative Peter G. Palumbo

     Date Introduced: February 02, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 9-26-5 of the General Laws in Chapter 9-26 entitled "Levy and Sale

1-2

on Execution" is hereby amended to read as follows:

1-3

     9-26-5. Exemption of police and firefighters' pensions -- Assignments invalid. -- No

1-4

interest of any person in any pension fund or in any pension derivable therefrom, for the benefit

1-5

of police officers or firefighters, now or hereafter created or held by authority of law by any city

1-6

or town, or by any public officer or officers or board of officers therein, to which fund the city or

1-7

town contributes in any way, shall be subject to trustee process or liable to attachment on any

1-8

writ, original, mesne, or judicial, or be taken on execution or any process, legal or equitable; and

1-9

no assignment of any such interest shall be valid. Provided, however, that where such person’s

1-10

liability results from entry of a civil judgment based on a conviction for murder as defined in

1-11

sections 11-23-1 and 11-23-2.1, this section shall not apply.

1-12

     SECTION 2. This act shall take effect upon passage.

     

=======

LC01082

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION - POLICE PENSIONS

***

2-1

     This act would remove the exemption of a police or firefighters’ pension from levy and

2-2

sale of execution where such person’s liability results from entry of a civil judgment based on a

2-3

conviction for murder as defined in sections 11-23-1 and 11-23-2.1.

2-4

     This act would take effect upon passage.

     

=======

LC01082

=======

H7329